f 


UNIVERSITY OF ILLINOIS BULLETIN 

VOI.. vm. APRIL 24. 1911 NO. 34 

[Entered February 14,1902, at Urbana, Illinois, as second-class matter 
under Act of Congress of July 16,1894.] 


SYLLABUS FOR A COURSE ON 
AMERICAN GOVERNMENT 

IN THE HIGH SCHOOLS 

Recommended by High School 
Conference of 1910 



URBANA, ILLINOIS 
PUBLISHED BY THE UNIVERSITY 







UNIVERSITY OF ILLINOIS BULLETIN 


VOL. vm. 


APEIL 24. 1911 


NO. 34 


[Entered February 14, 1902, at Urbana, Illinois, as second-class matter 
under Act of Congress of July 16, 1894.] 


SYLLABUS FOR A COURSE ON 
AMERICAN GOVERNMENT 

IN THE HIGH SCHOOLS 


Recommended by High School 
Conference, of 1910 




URBANA, ILLINOIS 
PUBLISHED BY THE UNIVERSITY 





CONTENTS. 

PAGE 

Preface . 4 

Suggested List of Books. 8 

Introduction . 10 

Local Government—Towns, Townships and Counties. 12 

Local Government—Cities and Villages. 16 

The State Governments.•. 23 

State Constitutions . 25 

The State Legislature . 27 

The State Executive .•. 30 

The State Judiciary . 33 

Political Parties and Nominating Methods . 35 

Suffrage and Elections .■. 37 

The Establishment of the Union . 39 

Organization of Congress . 41 

The Procedure of Congress—How Laws Are Enacted. 43 

Important Powers of Congress . 46 

The President—Methods of Election. 50 

The President—Inauguration, Powers, Duties, and Privileges. 53 

The Cabinet and the Executive Departments . 57 

The Federal Judiciary .■. 61 

Government of the Territories and Dependencies . 64 

Citizenship . 66 

The Government of Illinois .•. 68 


























PREFACE. 


This syllabus has been prepared in response to a resolution 
adopted by the Annual Conference of Illinois high school teach¬ 
ers held at the State University of Illinois in November, 1908. 
To prepare the syllabus the Conference authorized the appoint¬ 
ment of a committee consisting mainly of teachers in the high 
schools of the state, and after some delay the undersigned were 
constituted as the committee to undertake the task. In the execu¬ 
tion of its task the committee has kept in mind the needs of the 
average high school in Illinois. The syllabus here submitted 
makes no pretense to completeness. As yet the time devoted to 
the study of Civil Government in the high schools is quite brief 
and the ground covered is usually very limited. It did not seem 
to the Committee, therefore, that any need existed for an elab¬ 
orate syllabus containing an outline of all subjects that might 
be dealt with in a more extended course. Moreover, the lack 
of maturity among high school students makes it quite impos¬ 
sible to teach many facts in regard to the legal nature, powers, 
duties and functions of government, such as may be taught to 
more advanced students. Bearing this in mind the committee 
has endeavored to prepare a simple outline of the topics which, 
in its judgment, should be included in a high school course and 
which can be effectively taught to students possessing the ma¬ 
turity of mind and training usually found among students of the 
high school grade. In a few instances we have included topics 
which in the judgment of some teachers may be beyond the grasp 
of high school pupils in which case these topics can be easily 
passed over without impairing the value of the syllabus. This 
is true, for example, of Chapter I which deals with theories of 
government, functions, forms, etc. 

In the preparation of the syllabus the Committee has endeav¬ 
ored to avoid the error of giving merely an outline of the or¬ 
ganization of the government but has included lists of topics 
which have to do with the actual working and processes of gov¬ 
ernment. Thus we have given rather more space than is usually 
done, to such matters as political parties, methods of nominating 
public officials, the conduct of political campaigns, elections, suf¬ 
frage, voting, citizenship, legislative procedure, judicial proced¬ 
ure, the making of constitutions, civil service, the initiative, ref- 

5 


6 


erendum and the other newer institutional forms of democracy 
that are playing such an important role in our government to¬ 
day. 

Believing that the logical development of the subject as well 
as pedagogical considerations require that the treatment of local 
government should precede the study of central government we 
have arranged the syllabus so that the topics shall stand in the 
following order: local government, state government, national 
government. It may also be added that this arrangement is in 
accordance with the order of treatment now usually followed in 
the best text-books on American government. In apportioning 
the space devoted to state and local government on the one hand 
and the National government on the other the Committee has 
perhaps given the larger share to the former. Much the larger 
proportion of taxes contributed by the citizen go to the support 
of the state and local governments and the interest of the aver¬ 
age citizen in the activities of these governments is correspond¬ 
ingly greater than his interest in the doings of the national gov¬ 
ernment. The state and local governments touch the citizen at 
many more points than does the National government and regu¬ 
late many more of his daily concerns. The importance of 
municipal government to those who live in cities deserves especial 
emphasis and our syllabus includes a rather more detailed out¬ 
line of this branch of government than is usually found in 
similar syllabi. 

At the head of each chapter we have added a brief list of 
references to the more important elementary text-books such as 
may reasonably be expected to be found in most high school 
libraries. It did not seem to us that anything was to be gained 
by miltiplying these lists so as to include special treatises not 
likely to be accessible to high school pupils in most communities 
and which, even if they were available, would not, owing to the 
limited time devoted to the course in government, be consulted 
or used. In our judgment no extensive use of the more detailed 
and special works can be made by high school students and hence 
we have omitted such books from our bibliographies. Likewise we 
have omitted from the bibliographical lists all references to peri¬ 
odical literature. In the majority of communities such sources of 
information are not available and besides are often untrustwor¬ 
thy. We think the time of the student can be best economized 
and better results obtained by the use of a good text-book sup¬ 
plemented by collateral reading from a few standard elementary 
treatises kept in the high school library within easy reach of the 


7 


pupils. We recommend as wide a use of illustrative and docu¬ 
mentary material as possible and for this purpose we have in¬ 
serted at the beginning of each chapter a list of such materials. 
Many of these documents can be obtained from the Secretary 
of State, members of Congress or other public officials without 
cost. The use of such materials affords a means of interesting 
the student in the study of government and besides offers an 
opportunity for practical illustration such as the text-book does 
not afford. 

The president’s message to Congress, his inaugural address, 
the message of the governor to the legislature, important bills 
introduced, might very well be made the subjects of discussion 
by the class. All this is nothing more than the application to 
the study of the social sciences of the laboratory method which 
plays such an important part in the study of the natural sciences. 
Such a method tends to give spirit and vitality to the subject 
as well as to awaken and stimulate interest among the pupils. 
There is no excuse for making the study of government dry and 
uninteresting. By a little effort it can be made one of the most 
fascinating and attractive branches of study in the schools. 

James W. Garner, Professor of Political Science in the Univer¬ 
sity of Illinois, Chairman. 

William Wallis, Principal of the Bloomington High School. 

M. L. Flaningam, Principal of the Urbana High School. 

J. F. Wiley, Principal of the Mattoon High School. 

Miss Mary F. Childs, Instructor in the Evanston Township High 
School. 


SUGGESTED EIST OF BOOKS ON GOVERNMENT FOR 
A HIGH SCHOOL LIBRARY. 


The following list of books on government is suggested for 

high school libraries. The total cost aggregates about $35.00. 

Allen, Civics and Health. Ginn and Company, New York, Price 
$1.00. 

Andrezvs, Manual of the Constitution. The American Book Com¬ 
pany, New York, Price $1.00. 

Ashley, American Government. The Macmillan Company, New 
York, Price $1.00. 

Ashley, The American Federal State. The Macmillan Company, 
New York, Price $2.00. 

Beard, American Government and Politics. The Macmillan Com¬ 
pany, New York, Price $2.10. 

Beard, Readings in American Government. The Macmillan 
Company, New York, Price $1.90. 

Boynton, School Civics. Ginn and Company, Boston, Price 
$1.25. • 

Bryce, The American Commonwealth (abridged edition). The 
Macmillan Company, New York, Price $1.75. 

Dole, Talks About Law, Bowen Merrill Company, Indianapolis, 
Price $2.25. 

Dunn, The Community and the Citizen. D. C. Heath and Com¬ 
pany, Boston, Price $0.75. 

Fiske, Civil Government in the United States. Houghton Mifflin 
and Company, Boston, Price $1.00. 

Forman, Advanced Civics. The Century Company, New York, 
Price $1.25. 

2—SMITH Gruber 

Foltz, The Federal Civil Service. Putnams, New York, Price 
$1.90. 

Fuller, Government By the People. The Macmillan Company, 
New York, Price $1.00. 

Garner, Government in the United States. American Book Com¬ 
pany, New York, Price $1.00. 

Harrison, This Country of Ours. Scribners, New York, Price 
$1.00. 

Hart, Actual Government. Longmans, Green and Company, 
New York, Price $2.25. 


8 


9 


Hinsdale, American Government. American Book Company, 
New York, Price $1.25. 

James and Sanford, Government in vState and Nation, Scribners, 
New York, Price $1.00. 

Jenks, Citizenship in the Schools. Henry Holt and Company, 
New York, Price $1.25. 

Kaye, Readings in Civil Government. The Century Company, 
New York, Price $1.20. 

McCleary, Studies in Civics. The American Book Company, 
New York, Price $1.00. 

Morgan, Patriotic Citizenship. The American Book Company, 
New York, Price $1.00. 

Reinsch, American Legislatures and Legislative Methods. The 
Century Company, New York, Price $1.25. 

Wilcox, The American City. The Macmillan Company, New 
York, Price $1.25. 

Willoughby, Rights and Duties of Citizenship. The American 
Book Company, New York, Price $1.00. 

NotS: To this list should be added the books dealing with the govern¬ 
ment of the particular state in which the student lives. The series of 

Handbooks on American Government, published by the Macmillan Com¬ 
pany are especially recommended. 


CHAPTER 1. 

INTRODUCTION. 


Re)FErEnces : 

Andrews, Manual of the Constitution, ch. I. 

Ashley, American Government, ch. I. 

Boynton, School Civics, chs. I-IL 

Dealey, The Development of the State, chs. I-II. 

Hinsdale, The American Government, Introduction. 

Leacock, Elements of Political Science, Part I, chs. II-III. 
Willoughby, Rights and Duties of Citizenship, Part I, chs. I, II, V, 
VI. 

Wilson, The State, chs. XIII, XV, XVI. 

Note: The Committee entertained some doubt as to whether the 
subjects outlined in this chapter could be effectively taught to high school 
students. For the convenience of teachers who think otherwise, however, 
the chapter is included here. 

I. Importance of the Study of Government. 

1. Its cultural value. 

2. Its practical value. 

II. Definition of Government. 

III. The necessity of Government. 

1. Theories of anarchists. 

2. Objects and purposes of government. 

IV. The nature and limits of liberty. 

V. The functions of Government. 

1. Those which are essential. 

2. Those which are non essential. 

or 

3. Constituent functions. 

4. Ministrant functions. 

See Wilson, The State secs. 1478-1479; also Garner, 
Introduction to Political Science ch. IX. 

VI. Theories Concerning the Sphere of the State. 

1. The laissez faire or individualistic theory. 

2. The socialistic theory. 

3. The intermediate or compromise theory. 

VII. Forms of Government. 

I. Principles of Classification. 

10 


II 


2. Monarchy. 

a. Absolute. 

b. Constitutional. 

c. Hereditary versus elective monarchies. 

3. Aristrocracy. 

a. Of birth. 

b. Of Wealth. 

c. Distinction between aristocracy and oli¬ 

garchy 

4. Democracy. 

a. Pure democracy. 

b. Representative democracy or republic. 

5. Unitary government. 

6. Federal government. 

7. Presidential government. 

8. Cabinet government. 

9. Popular government. 

10. Bureaucratic government. 

11. Mixed governments. 

12. Merits and demerits of each form. 

See Garner, Introduction to Political Science, chs. VI, 
VII. 

Leacock, Elements of Political Science, ch. VII. 

Gettell, Introduction to Political Science, chs. XIII-XIV. 

Research Questions. In order to encourage independent re¬ 
search and habits of thought among the pupils it is suggested 
that the teacher give the class ten or fifteen questions covering 
the subjects outlined above, the answers to which may be found 
by consulting the books mentioned in the list of references at 
the head of the chapter. Lists of suggested questions of this 
kind may be found at the end of each chapter in Garner’s Gov¬ 
ernment in the United States, The American Book Company, 
1911. 



CHAPTER II. 

LOCAL GOVERNMENT—TOWNS^ TOWNSHIPS AND COUNTIES. 
References : 

Ashley, American Government, ch. IV. 

Beard, American Government and Politics, ch. XXIX. 

Bryce, The American Commonzvealth (abridged edition), chs. XLVII- 
XLVIII. 

Fairlie, Local Government in Towns, Counties and Villages, chs. IV- 
V; VIII-XI. 

Fiske, Civil Government in the United States, chs. II-IV. 

Garner, Government in the United States, ch. I. 

Hart, Actual Government, ch. X. 

Hinsdale, American Government, ch. LV. 

Wilson, The State, (revised edition), secs. 1035-1043. 

Willoughby, Rights and Duties of Citizenship, pp. 260-265. 

Illustrative Material: 

1. A map of the state showing its division into counties. 

2. A map of the county showing the towns, townships, supervisors 

districts or other civil subdivisions. 

3. A copy of a town meeting warrant. 

4. A copy of the proceedings of the county board or town meeting, 

as published in the local newspaper. 

5. The legislative manual or blue book of the state in which lists 

of counties and their subdivisions, with their population, area, 
officers and other information may be found. Usually this may 
be procured from the secretary of state. 

6. Reports of County officers. 

7. Copies of the State Constitution, which may usually be obtained 

from the Secretary of State; and, if possible, a copy of the 
revised statutes of the state. 

I. Importance of local government. 

II. Necessity of local organs for purposes of administration. 

III. The value of local-self government. 

1. Stimulates interest in public affairs. 

2. Serves as a political training school for the citi¬ 

zens. 

3. Secures efficiency of government. 

IV. Units of local government. 

I. The county. 


12 


13 


V. 


VI. 


VIL 


2. The town or township. 

3. The city. 

4. The village or borough. 

The relation of the local governments to the state. 

1. As agents of the state government. 

2. As organizations for purposes of local govern¬ 

ment. 

3. State control of local government. 

Types of local government. 

1. Similarities and resemblances. 

a. Resulting from historical conditions. 

b. Resulting from deliberative action. 

2. The town system. 

3. The county system. 

4. The county—township system. 

The town system. 

1. Its historical origin in New England. 

2. Why at first unsuited to conditions in the south. 

3. Relative unimportance of the county where the 

town system prevails. 

4. Representation of towns in the legislatures of 

New England—The “rotten borough” evil. 

5. Area and population of towns. 

6. Powers and functions of town government. 

a. State powers. 

b. Local powers. 

7. The town meeting. 

a. How called; time and place of meeting; 

the warrant; who may participate in. 

b. Organization; election of moderator. 

c. Procedure of the town meeting. 

d. Election of town officers. 

e. Appropriations of public monies. 

f. Enactment of by-laws. 

g. Causes tending to impair the efficiency of 

the town meeting. 

h. The town meeting outside New England 

8. Town officers. 

a. The selectmen; number, term, duties. 

b. The clerk. 

c. Constables. 

d. Assessors. 

e. Treasurer. 


J 


14 


f. Overseers of the poor. 

g. School committee. 

h. Other town officers; road surveyors, field 

drivers and fence viewers, pound keep¬ 
ers, sealers of weights and measures, 
park commissioners, game wardens, etc. 
9. Merits and demerits of the town system of local 
government. 

VIII. The County System. 

1. The county in New England and the South com¬ 

pared; Historical reasons for the differences. 

2. Number, area and population of counties. 

3. Identification of the county and city as in New 

York and San Francisco. 

4. The creation of counties; constitutional limita¬ 

tions and restrictions. 

5. County subdivisions. 

6. Functions of the county. 

a. As an agent of the state government. 

b. As an organ of local government. 

7. The County Board. 

a. The board of supervisors or county com¬ 

missioners. 

b. Powers and duties. 

8. County judicial officers. 

a. The county judge. 

b. The public prosecutor. 

c. The county attorney. 

d. Justices of the peace. 

e. The clerk of the court. 

9. County administrative officers. 

a. The sheriff. 

b. The coroner. 

c. The treasurer. 

d. The tax collector. 

e. The auditor. 

f. The surveyor. 

g. The recorder or register of deeds. 

h. The assessor. 

i. The superintendent of education. 

j. Other county officers and boards such as 

school boards, overseers of the poor, 
health officers, etc. 


15 


10. Methods of selecting county officers. 

I. Compensation. 

1. Salaries. 

2. Fees. 

12. Merits and demerits of the county system of 
local government. 

IX. The County-Township System. 

1. Division of functions between the county and 

township. Place of the county in this system. 

2. Types of the county-township system. 

a. The New York or supervisor type. 

b. The Pennsylvania or commissioner type. 

3. Origin of the county-township system. 

a. Conflict between the county and town sys¬ 

tems in the west, e. g. in Illinois. 

b. The town meeting in the west. 

4. Organization of the township. 

1. The township board. 

2. The township clerk. 

3. The township treasurer. 

4. The overseer of the poor. 

5. School trustees. 

6 . Other township officers. 

7. Merits and demerits of the township sys¬ 

tem of local government. 

Research questions. For a list of suggested questions bear¬ 
ing upon the topics outlined in this chapter see Garner’s Civil 
Government in the United States, Chapter I. 


CHAPTER III. 

LOCAL GOVERNMENT CONTINUED-CITIES AND VILLAGES. 

References : 

Ashley, American Government, ch. V. 

Beard, American Government and Politics, chs. XXVII-XXVIII. 
Bryce, The American Commomvealth (abridged edition), chs. XLIX- 
LI. 

Fiske, Civil Government m the United States, ch. V. 

Garner, Government in the United States, ch. II. 

Goodnow, City Government in the United States, chs. 

Hart, Actual Government, ch. IX. 

Howe, The City the Hope of Democracy, chs. I-IV. 

James & Sanford, Government in State and Nation, ch. IV. 

Strong, The Challenge of the City, chs. II-III. 

Wilcox, The American City, Various chapters. 

Illustrative Material: 

A copy of the city charter or municipal code of the state. This can 
usually be procured from the Secretary of State. 

A copy of the revised ordinances of the city. 

A copy of the volume of the last census report dealing with the popu¬ 
lation of cities. 

A copy of the census bulletin on statistics of cities. 

A map of the city showing its division into towns, police and fire 
districts, sewer districts, etc., and the location of the city build¬ 
ing, police stations, fire stations, the source of the water supply, 
parks, slum districts, etc. 

A copy of the last city budget and tax ordinance. 

A copy of a paving or other public improvement ordinance. 

A copy of the rules of procedure of the city council. 

A copy of Hatton’s digest of city charters. 

T. Necessity for a diflerent form of governmental organiza¬ 
tion for densely populated areas. 

IIA. Growth of cities. 

1. Number of cities in the United States in 1800 

and 1910 compared—statistics of city growth. 
Compare with the increase of rural popula¬ 
tion. 

2. Causes of urban growth. 

A. Economic and industrial. 

16 


I. 


Decrease in the number of men 
necessary to cultivate the farms 
resulting from the invention of 
labor saving machinery. 

2. The growth of manufacturing in¬ 
dustries. 

B. Social and educational opportunities. 

C. Professional opportunities. 

IIB. Consequences of city growth. 

1. Economic. 

A. Increase of tenancy. 

B. Problem of unemployment. 

C. Evils of overcrowding. 

2. Social. 

A. Change of social standards. 

B. Loss of neighborhood feeling. 

C. Increase of crime. 

3. Political. 

A. Lowering of political standards. 

B. Problems of government increased. 

C. Socialism fostered. 

D. Dangers of city domination of state poli¬ 

tics. 

lie. Problem of checking the drift to the cities. 

1. By making rural life more attractive. 

2. By settlement fees. 

3. By other restrictions on immigration to the cities. 

II. How cities are incorporated. 

1. Requirements as to population and area. 

2. Formalities of incorporation. 

1. Petition and popular vote. 

2. The legislature as the source of city 

charters. 

3. ‘‘Home Rule” charters—How secured in 

Cal., Mo., Washington, Minn., Col., 
Oregon, Oklahoma, Michigan, and other 
states—See Plattons Digest of City 
Charters. 

4. How charters are framed—Charter Con¬ 

ventions. 

5. Granting of charters by general act. 

III. How cities may be divided or territory disconnected. 

IV. How outlying territory may be annexed. 


V. 

VI. 


VIL 


VIII. 


i8 

Distinction between pure municipal corporations and 
quasi municipal corporations, such as counties, town¬ 
ships and school districts. 

Nature of the City charter—not a contract but a legis¬ 
lative act. 

1. Mode of amendment. 

2. Form and content of the charter. 

A. Name of the corporation and description 

of boundaries. 

B. Legal rights and privileges conferred. 

C. Detailed enumeration of the powers of 

the city. 

D. Provisions in regard to the organization 

of the city government. 

Powers of the city. 

1. Those expressly granted by the charter. 

2. Those implied from the powers granted. 

3. Those essential to the declared objects and pur¬ 

poses of the corporation. 

4. The American and European methods of confer¬ 

ring powers in cities compared. vSee Goodnow 
Municipal Home Rule, ch. XII. 

5. Compare the Charter of Houston, Texas, where 

a general grant of powers is conferred on the 
city. 

Relation of the City to the State. 

1. When the city is acting as an agent of the state. 

2. When it is acting as an organ of local govern¬ 

ment. 

3. Legislative control over the city. 

A. For the purpose of enforcing state poli¬ 

cies. 

B. To prevent extravagance. 

C. To secure political control of the city. 

D. The Philadelphia City hall case. 

4. Constitutional provisions designed to protect the 

city against legislative interference. 

A. Provisions against special legislation. 

Evils of special legislation. How such 
provisions have been evaded by ingeni¬ 
ous classifications. 

B. Provisions of the New York Constitution 


19 


in regard to special legislation affecting- 
cities. 

C. Provision of the Illinois Amendment of 

1904 in regard to special legislation af¬ 
fecting Chicago. 

D. Necessity of special legislation in par¬ 

ticular cases. 

5. The ‘‘Home Rule” movement. 

IX. Functions of municipal government. 

1. Necessity for extensive governmental action 

where large numbers of people are crowded 
together—proportion of taxes expended for 
the government of the city. 

2. Problem of police protection. 

3. Protection of the public health, safety and 

morals. 

4. Fire protection. 

5. Light and water supply. 

6 . Urban transportation. 

7. Building regulations. 

8. Care of the poor and destitute. 

9. Sewage and garbage disposal. 

10. Education and libraries. 

X. The City Council. 

1. Organization: bicameral or unicameral—advan¬ 

tages and disadvantages of each form. 

2. Number of members. 

3. Qualifications, term, and compensation. 

4. Mode of nomination. 

A. By caucus or primary. 

B. By petition. 

5. Mode of election. 

A. By wards. 

B. From the city at large. 

C. By a combination of the two. 

D. Advantages and disadvantages of each. 

E. Minority representation. 

6. Powers of the City Council—See list in the city 

charter. 

7. Limitations in regard to levying, taxes, appro¬ 

priating money and incurring debts. 

8. City ordinances—nature, form and mode of en¬ 

actment. 


20 


g. Use of committees. 

10. Share in the appointing power. 

XL The Mayor. 

1. Qualifications, term and compensation. 

2. Nomination and election. 

3. Power of appointment. Participation of the 

Council. 

4. Power of removal. Recent tendencies. 

5. Power to enforce ordinances. 

6. Power to veto ordinances. 

7. Power to pardon offences against city ordinances. 

8. Other officers. 

A. The city clerk. 

B. The corporation counsel. 

C. The city engineer. 

XL Administrative departments. 

1. Number and names. 

2. How organized. 

3. The board system versus the single commissioner 

system. 

4. Should the heads of administrative departments 

be appointed by the mayor or elected by the 
people ? 

XL Municipal finances. 

1. Municipal expenditures, their growth and char¬ 

acter. 

2. Sources of municipal revenue. 

A. The general property tax. 

B. License fees and income from franchises. 

C. Special assessments. 

D. Miscellaneous revenues. 

E. Limitations on the city taxing power. 

3. City debts. 

A. Growth of. 

B. Constitutional or statutory limitations on 

amount of. 

C. How bonds are issued. 

4. Preparation of the city budget. 

5. State examination and audit of city accounts as in 

Ohio, Indiana and Iowa. 

XII. Municipal public utilities. 

I. Dependence of city people upon public service 
companies for light, water, transportation and 
telephone services. 


21 


2. Necessity for the use of streets and alleys by 

public service companies. 

3. Monopolistic character of such service. 

4. Franchises—nature, term and conditions under 

which they should be granted—Constitutional 
or statutory restrictions. 

5. Compensation for franchises. 

6. Regulation of public service companies as to rates 

and character of service. 

7. The evil of bribery in connection with franchise 

grants. 

8. Public utility commission as in Mass., New York, 

and Wisconsin. 

9. Municipal ownership and operation of public 

utilities—advantages and disadvantages. Euro¬ 
pean and American practice compared. 

XIII. The Commission plan of Municipal Government. 

1. Circumstances of its origin. 

2. Spread of the system. 

3. Principal features of the system. 

4. Galveston and Des Moines methods compared. 

5. Advantages. 

A. Secures better officers. 

B. Secures greater efficiency. 

C. Secures greater responsibility. 

6. Disadvantages. 

A. Sacrifices the principle of the separation 

of legislature and executive functions. 

B. It represents an encroachment upon the 

principle of representation. 

C. Entrusts too much power to the hands of 

a small body of men. 

XIV. Municipal Courts. 

1. Importance of the municipal judiciary too often 

ignored. 

2. Municipal courts are practically the tribunals of 

last resort for large numbers of persons. 

3. Kinds of municipal courts. 

A. Corporation courts. 

B. Police courts—the “justice shop.” 

4. Powers of municipal courts. 

5. Mode of selection of municipal judges. 

6. The night court of New York City. 



22 


7- Juvenile courts. 

8. Domestic relations courts. 

9. The Chicago Municipal Court as an example of 

an efficient municipal judiciary. Its organiza¬ 
tion and procedure. 

XV. Village Government. 

1. How villages differ from cities. 

2. How organized and incorporated. 

3. Functions of village government. 

4. The village board of trustees. 

5. The village mayor or president. 

6. Other village officers. 

7. How a village may be incorporated as a city. 
Rese^arch questions : See list in Garner’s Government in the 

United States, ch. 11 . 



CHAPTER IV. 

THIv state governments. 

References : 

Ashley, The American Federal State, ch, XVIII. 

Beard, American Government and Politics, ch. XXII. 

Bryce, The American Commonwealth (abridged edition), ch. XXXIV. 
Garner, Government in the United States, ch. III. 

Hart, Actual Government, ch. VI. 

Hinsdale, The American Government, chs. XL, XLI, XLIX. 

Wilson, The State, secs. 1087-1095. 

Willoughby, Rights and Duties of Citizenship, ch. X. 

Willoughby, The American Constitutional System, chs. II-X. 

I. Importance of the study of state government. 

II. The multiplicity of state activities. 

III. Relation of the state to the LTnion. 

I. Compare its position with that of a county. 

IV. Power to determine its own form of government. 

V. Its sphere of activity. 

VI. The state as an authority of residuary powers as con¬ 
tra-distinguished from delegated powers. 

I. Compare its powers with those of the national 
government. 

A^II. Federal prohibitions on the states. 

IX. Nature of state powers. 

X. Constitutional rights and privileges of the states. 

1. Right to a republican form of government. 

A. The authority charged with carrying out 
this guarantee. 

2. Right to protection against invasion. 

3. Right to protection against domestic violence. 

A. Circumstances under which this protec¬ 
tion will be given by the United States. 

4. Right to equality of representation in the United 

States Senate. 

5. Other rights and privileges. 

XI. Obligations and duties of the state. 

I. To give full faith and credit to the act, records 
and judicial proceedings of the other states. 

23 


24 


2. To surrender fugitives from the justice of other 

states. 

3. To treat the citizens of other states as it treats 

its own citizens. 

4. To choose senators, representatives and presiden¬ 

tial electors so as to preserve the existence of 
the national government. 

5. To perform in good faith all obligations to the 

Union. 

XII. Resemblances and diversities among the states. 

1. Race and language. 

2. Area and population. 

3. Legal system. 

4. Political institutions. 

5. Sectional groups. 

6. Facilities for intercourse between the states. 

7. Diminishing importance of state lines. 

Re^sEarch questions: See list in Garner’s Government in the 

United States, ch. III. 



CHAPTER V. 

STATIC CONSTITUTIONS. 

References : 

Ashley, American Government, secs. 160-163. 

Beard, American Government and Politics, chs. XXII-XXIII. 

Bryce, The American Commonivealth (abridged edition), ch. XXV. 
Dealey, Our State Constitutions, chs. II-III. 

Garner, Government in the United States, ch. III. 

Hinsdale, The American Government, ch. L. 

Stimson, The Federal and State Constitutions, Bk. Ill, Ch. I. 
Ileustrative Material : 

Thorpe’s Constitutions and Organic Laws, or 

Poore’s Charters and Constitutions, both published by the Govern¬ 
ment Printing Office. 

Pamphlet copies of state constitutions. These can usually be ob¬ 
tained from the Secretary of State. 

The blue book or legislative manual of the state where usually a re¬ 
view of the constitutional history of the state may be found. Can 
be obtained from the Secretary of State. 

1 . Definition of a Constitution. 

II. Written versus unwritten, or rigid versus flexible con¬ 
stitutions. 

III. Evolution oi the state constitution from the colonial 

charter. 

IV. Method of framing and ratifying state constitutions. 

1. In the eighteenth century. 

2. Present methods. 

3. The constitutional convention. 

4. Submission of constitutions to the people. 

5. Examples of constitutions put in force without 

a popular vote. 

V. Frequency with which new constitutions are made. 

VI. Referenda on the question of calling conventions to 
frame new constitutions. 

VII. Form and content of State Constitutions. 

1. Of the early state constitutions. 

2. Of existing constitutions. 

3. Bulkiness of present constitutions. 

A. Causes. 

B. Results. 

4. Parts of a typical state constitution. 

A. Preamble. 

25 



26 


B. Bill of rights. 

C. Provisions relating to organization of the 

government. 

D. Miscellaneous provisions. 

E. The amending provision. 

F. The schedule. 

VII. Nature and purpose of the bill of rights. 

1. Historical origin. 

2. Usual declarations. 

A. In regard to the rights of the individual. 

B. In regard to principles of government. 

C. Miscellaneous provisions. 

VIII. The amendment of state constitutions. 

1. Absence of amending provisions in the early con¬ 

stitutions—Reasons for. 

2. Value of providing in the constitution a mode of 

procedure for making amendments. 

3. Necessity of frequent alteration of constitutions 

that are overloaded with detailed provisions 
formerly contained in the statutes. 

4. Modes of procedure. 

A. Submission of specific amendments by 

the legislature to the electors. 

B. Revision through the agency of a conven¬ 

tion. 

C. Amendment wholly by the legislature, as 

for example, in Delaware. 

D. Advantages of method “A” for making 

specific amendments and of method ‘‘B” 
for making general revisions. 

E. The Oregon method of amendment by 

popular initiative, followed by the ref¬ 
erendum. 

IX. Difficulty of amending constitutions. 

1. On account of the extraordinary majority re¬ 

required to initiate amendments. 

2. On account of the common requirement that the 

proposed amendments shall be approved by a 
majority of the electors voting at the election 
at which the amendment is submitted instead 
of a majority of those voting on the proposed 
amendment. 

Re:se)arch quejstions : See list in Garner’s Government in the 
United States, ch. III. 


CHAPTER VL 
the: state legislature. 

References : 

Ashley, American Government, ch. VL 

Beard, American Government and Politics, ch. XXV. 

Bryce, The American Commonwealth (abridged edition), ch. XXXIX. 
Dealey, Oiir State Constitutions, ch. VII. 

Garner, Government in the United States, ch. IV. 

Hart, Actual Government, ch. VII. 

Reinsch, American Legislatures and Legislative Methods, ch. IV-X. 
Wilson, The State, secs. 1128-1142. 

Illustrative Material: 

The legislative manual or blue book. 

A map showing the division of the state into legislative districts. 
Rules of procedure of the two houses of the legislature. 

Specimen copies of bills and resolutions. 

Messages of the governor to the legislature. 

I. Con.stitution of the legislature. 

1. Official name. 

2. The bicameral principle—advantages of. 

II. The Senate. 

1. Composition. Number of members, etc. 

2. Basis of apportionment. 

3. Qualifications and term. 

4. Special powers of the Senate. 

III. The House of Representatives. 

1. Number of members. 

2. Qualifications and term. 

3. Basis of representation and apportionment. 

A. The ‘Totten borough” system of New 

England. 

B. Constitutional limitations on the represen¬ 

tation of cities as in New York and 
Pennsylvania. 

C. Minority representation—the Illinois sys¬ 

tem. 


27 


28 


IV. Powers of the State Legislature. 

1. Not enumerated in the constitution. 

2. Tendency to impose limitations on, particularly 

in respect to special legislation, the incurring 
of debts and the imposition of taxes. 

V. Compensation of members. 

1. Fixed salaries. 

2. The per diem method. 

3. Mileage. 

4. Constitutional limitations in many states. 

VI. Legislative sessions. 

1. Regular sessions. 

2. Extraordinary sessions. 

3. Annual sessions. 

4. Biennial sessions. 

5. Quadrennial sessions. 

6. Limitations on length of sessions. 

VII. Organization of the legislature. 

1. The speaker—powers and duties. 

A. Compare with the speaker of the National 
House of Representatives. 

2. The clerk or secretary—powers and duties. 

3. Sergeant-at-arms. 

4. Other officers and employes. 

5. Committees—use of the joint committee in New 

England. 

VIII. Legislative procedure. 

1. Introduction of bills. 

A. Public bills. 

B. Private bills. 

C. Distinction between bills and resolutions. 

2. Readings required. 

3. Amendment of bills. 

4. The journal. 

5. Reference to committees. 

6. Committee reports. 

7. The calendar. 

8. Engrossing and enrolling. 

9. Rules governing debate. 

IX. Lobbying. 

1. Evils of. 

2. Recent legislation in regard to. 

3. “Strike bids.’’ 


29 


X. Aids to efficient legislation. 

1. Difficulties of modern legislation. 

2. Bill drafters, examiners, etc. 

3. Legislative reference bureaus. 

XL Direct legislation: The initiative and referendum. 

1. Nature and purpose of the initiative. 

2. The referendum: optional and obligatory; state¬ 

wide and local in its scope; advisory and man¬ 
datory in character. 

3. History of the development of the referendum in 

America. 

4. Its use in connection with the adoption and 

amendment of constitutions. 

5. Its use in ordinary law making. 

6. ‘‘Public opinion” law of Illinois. 

7. Merits of the referendum. 

A. It provides a check upon bad legislation 

and is a means of popular control. 

B. Educates the voters and stimulates their 

interest in public affairs. 

8. Disadvantages. 

1. Indifference of the voters to legislative 

propositions. 

2. Lack of information on the part of the 

voters. 

A. The Oregon method of furnish¬ 
ing the voters with information 
concerning the questions to be 
voted on. 

3. Weakens the sense of responsibility of the 

legislature. 

Research questions : See list in Garner’s Government in the 
United States, ch. IV. 


CHAPTER VIL 
the: state: e:xe:cutive:. 


References : 

Ashley, American Government, ch. VII. 

Beard, American Government and Politics, ch. XXIV. 

Bradford, Lessons of Popular Government, vol. II, ch. 32. 

Bryce, The American Commonwealth (abridged edition), ch. XL- 
Dealey, Our State Constitutions, ch. V. 

Finley and Sanderson, The American Executive and Executive Meth¬ 
ods, chs. Ill, VI, VII, VIII, IX. 

Garner, Government in the United States, ch. V. 

Hart, Actual Government, ch. VIII. 

James and Sanford, Government in State and Nation, ch. III. 
Ieeustrative Materiae : 

The blue book or legislative manual of the state. Copies of the gov¬ 
ernor’s inaugural address, messages to the legislature, veto mes¬ 
sages, public proclamations, etc. Copy of the revised statutes, 
chapter on the executive department, reports of state officers to 
the Governor. 

1. Qualifications. 

11. Term—Re-eligibility. 

III. Mode of nomination and election. 

IV. Compensation. 

V. Organization of the executive department. 

1. Compare with the organization of the national 

executive. 

2 . Points of weakness in the organization of the 

state executive. 

VI. Rights and privileges. 

VII. Powers and duties of the Governor. 

I. In connection with legislation. 

A. To give the legislature information and 

recommend legislative measures. 

B. To summon extra sessions of the legisla¬ 

ture. 

C. To approve the acts of the legislature. 

D. To adjourn the legislature in case of dis¬ 

agreement between the two houses as to 
the time of adjournment. 

30 


31 


2. Executive and administrative powers. 

A. Enforcement of the laws. 

B. Power of oversight and control over other 

officers. 

C. Power of appointment. 

D. Power of removal. 

(a) Of state officers. 

(b) Of local officers. 

3. Military powers. 

A. To command the militia. 

B. To suppress riots and disorders 

C. To declare martial law. 

4. The pardoning power. 

A. Boards of pardon. 

B. Extent of the pardoning power—limita¬ 

tions and restrictions. 

C. The power of amnesty. 

D. Power to grant reprieves and commuta¬ 

tions. 

VIII. Executive councils. 

IX. Other executive officers—qualifications, term, mode of 
selection, powers and duties, compensation, etc. 

1. The lieutenant governor. 

2. The secretary of state. 

3. The treasurer. 

4. The auditor or comptroller. 

5. The attorney-general. 

6. The superintendent of education. 

7. Other state officers such as the commissioner of 

agriculture, the commissioner of immigration, 
the commissioner of labor, the state engineer, 
land commissioner, superintendent of public 
works, factory inspectors, the superintendent 
of insurance, etc., etc. 

IX. Executive boards and commissions. 

1. Boards of an industrial character such as boards 

of agriculture, food and dairy commissions, 
livestock, fish and mining commissions, etc. 

2. Boards for scientific investigation or conserva¬ 

tion, such as bureaus of labor, geological com¬ 
missions, forestry, boards, boards of health, 
etc. 



32 


3- Public utility boards, such as railroad commis¬ 
sions, etc. 

4. Boards of examiners, such as boards of medical, 

dental, architectural, plumbing and pharmaceu¬ 
tical examiners, etc. 

5. Boards of control of public institutions such as 

trustees or boards of control of educational, 
penal and reformatory institutions. 

X. The state civil service. 

1. Number of employes in the state civil service. 

2. The spoils system. 

3. Civil service laws. 

4. Examinations. 

5. The eligible list. 

6. How appointments are made. 

7. Exemptions. 

8. Removals. 

Research questions : See list in Garner’s Government in the 
United States, ch. V. 



CHAPTER VIII. 

THE STATE JUDICIARY. 


References : 

Baldwin, The American Judiciary, chs. VIII, XII, XIV, XV, XVII, 
XXII. 

Beard, American Government and Politics, chs. XXVI. 

Bryce, The American Commonwealth (abridged edition), ch. XLI. 
Garner, Government in the United States, ch. VI. 

Hart, Actual Government, ch, IX. 

James and Sanford, Government in State and Nation, ch. VII. 
McCleary, Studies in Civics, chs. II, VII. 

Willoughby, Rights and Duties of Citizenship, ch. VII. 

Ieeustrative Material: 

The legislative manual or blue book of the state. 

A map showing the division of the state into judicial districts. 

Copies of legal instruments such as warrants of arrest, indictments, 
subpoenas, summonses, etc. 

I. Functions of the courts. 

II. Judicial organization—Grades of courts and jurisdiction 
of each. 

1. Justice of the peace courts. 

2. County, courts. 

3. Circuit or district courts. 

4. The Supreme court. 

5. Special courts. 

A. Surrogates or orphans courts. 

B. Probate courts. 

C. Juvenile courts. 

D. Chancery or equity courts. 

(i) Distinction between law and 
equity. 

E. Other miscellaneous courts, such as land 

courts, courts of claims, etc. 

III. Terms of judges. 

1. Good behavior tenure. 

2. Limited tenure. 

3. Advantages and disadvantages of each. 

IV. Modes of Choice. 

1. Appointment by the executive. 

2. Choice by the legislature. 

33 



34 


3- Election by the people. 

4. Merits and demerits of each method. 

5. Necessity for an independent judiciary. 

V. Removal of Judges. 

1. By impeachment. 

2. By the governor upon the address of the legis¬ 

lature. 

VI. Trial of civil cases. 

1. The parties. 

2. The complaint. 

3. The summons. 

4. Writs: attachment, replevin. 

5. The plea. 

6. Selection of the jury, if a jury trial. 

7. Examination of witnesses. 

8. Arguments of counsel. 

9. Instructions of the judge. 

10. Verdict. 

11. Execution or appeal. 

VII. Trial of criminal cases. 

1. Complaint. 

2. Indictment by grand jury. 

3. Bail. 

4. Arraignment. 

5. Plea. 

6. Selection of the jury. 

7. Examination of witnesses and introduction of 

evidence. 

8. Instruction by the judge. 

9. Verdict. 

10. Execution of sentence or appeal. 

11. Indeterminate sentence and parole. 

VIII. Court officers. 

1. Prosecuting attorney. 

2. Sheriff or marshal. 

3. Clerks and reporters. 

IX. The laws delays. 

1. Causes. 

2. Remedies. 

X. Power of the courts to declare acts of the legislature 
unconstitutional. 

Rese^arch que:stions : See list in Garner’s Government in the 
United States, ch. VI. 


CHAPTER IX. 

POLITICAL PARTlIvS AND NOMINATING METHODS. 


References : 

Ashley, The American Federal State, ch. XXIII. 

Beard, American Government and Politics, chs. VIT, XXX. 

Bryce, The American Commonzvealth (abridged edition), ch. XRV. 
Fuller, Government by the People, chs. IV, V, XI. 

Garner, Government in the United States, ch. VIII. 

Hart, Actual Government, ch. V. 

Merriam, Primary Elections, chs. I, V. 

Illustrative Material: 

legislative manual or blue book of the state. 

Copy of the primary election law of the state. 

Copies of the Democratic and Republican Campaign text books. 
Copies of party platforms. 

Copies of specimen ballots. 

Copies of delegates credentials, nomination certificates, petitions, etc. 

I. Definition and function of a political party. 

11 . Brief history of political parties in the United States and 
in the state. 

III. Existing political parties and party issues. 

IV. National versus local parties. 

V. Part}^ organization. 

1. The national committee. 

2. The state central committee. 

3. Local committees. 

4. The chairman. 

5. The secretary. 

6. The treasurer. 

7. The convention. 

A. How constituted. 

B. Organization and procedure. 

C. Committees. 

(1) On organization. 

(2) On resolutions. 

(3) On rules. 

(4) On credentials. 

D. The platform. 

35 



36 


VI. Nominating methods. 

1. By announcement. 

2. By party caucus. 

3. By convention—objections to. 

4. By petition. 

5. By primary election. 

A. The indirect primary. 

B. The direct primary. 

C. The party test. 

D. Merits and demerits of each method. 

6. Necessity for state regulation of party methods. 

A. Recent primary legislation. 

VI. The extent to which independent voting should be en¬ 
couraged. 

VII. Desirability of opposing parties as a check on each other. 

Rksearch questions : See list in Garner’s Government in the 
United States, ch. VIII. 



CHAPTER X. 
sui^i^rage: and e:lections. 

References : 

Ashley, The American Federal State, ch. XXII. 

Beard, American Government and Politics, pp, 453-457; also ch. 
XXIII. 

Fuller, Government by the people, chs. II, VI, VIII, XI. 

Garner, Government in the United States, ch. VII. 

Garner, Introduction to Political Science, ch. XV. 

Hart, Actual Government, ch. IV. 

James and Sanford, Government in State and Nation, ch. V. 
Ieeustrative Materia^ : 

Legislative manual or blue book of the state. 

Copy of the election laws of the state. 

Copy of instructions to voters. 

Copies of special ballots. 

I. Nature of the elective franchise. 

I. Not a right of the citizen but a privilege. 

II. Qualifications for voting. 

1. Early restrictions. 

A. Property qualifications. 

B. Religious tests. 

2. Suffrage regulated by the states. 

I. Restrictions of the Fourteenth and Fif¬ 
teenth- amendments. 

3. Citizenship requirement. 

A. Exception in favor of aliens who have 
declared their intention of becoming 
citizens, (in eleven states). 

4. The residence requirement. 

5. The age requirement. 

6. Educational requirements. 

7. The '‘understanding” clause. 

8. The "grandfather” and "old soldier” provisions 

in certain southern states. 

9. Exclusion of convicted criminals, idiots, insane 

persons, paupers and vagrants. 

III. Woman Suffrage. 

1. vSame as for men in Colorado, Utah, Idaho, Wash¬ 

ington and Wyoming. 

2. In municipal elections. 

3. In school elections. 

4. In elections on proposed bond issues. 

37 


38 


IV. Arguments in favor of woman suffrage. 

V. Arguments against. 

VI. Woman suffrage in other countries. 

VII. The registration requirement. 

1. Purpose. 

2. Annual registration, as in New York. 

3. Single registration, as in Massachusetts. 

4. Challenging. 

5. Methods of identifying voters. 

VIII. The conduct of an election. 

1. Date of the election, national, state and local. 

2. Separation of national, state and local elections. 

3. Criticism that there are too many elections. 

4. Suggestion that more offices should be filled by 

appointment. 

5. Notice of the election. 

6. Electoral districts or precincts. 

7. Election officers. 

8. Watchers. 

9. The polling place and booths. 

10. Opening and closing the polls. 

IX. Methods of Voting. 

1. The viva voce method—objections to. 

2. Voting by ballot. 

3. Types of ballot. 

A. The party column ballot—the party circle. 

B. The office column ballot. 

C. Merits and demerits of each. 

3. Rules governing the marking and counting of 

ballots. 

4. Challenging a voter. 

5. The ballot reform movement. 

A. Need of greater simplification. 

X. Legislation against fraudulent voting — “repeating,” bal¬ 
lot box “stuffing,” impersonating, etc. 

X. Corrupt use of money in elections. 

1. Bribery. 

2. Other uses of money in elections. 

3. Corrupt practices acts. 

A. State laws. 

B. Acts of Congress, 1907, 1910, 1911. 
Rdskarch que:stions : See list in Garner’s Government in the 

United States, ch. VII. 


CHAPTER XI. 

the: establishment of the union. 


References : 

Andrews, Manual of the Constitution, ch. II. 

Ashley, American Government, chs. XIV-XV. 

Beard, American Government and Politics, ch. III. 

Bryce, The American Commonwealth (abridged edition), ch. II. 
Fiske, Critical Period of American History, chs. VI, VII. 

Garner, Government in the United States, ch. IX. 

Harrison, This Country of Ours, ch. I. 

Hinsdale, American Government, chs. VII, XL 

James and Sanford, Government in State and Nation, chs. XH-XHI. 

Note: In case the class has already studied as a part of the course 
in American history, the topics outlined in this chapter, they may be 
omitted as a whole or in part as the teacher may think proper. 


I. 


Steps toward Union. 

1. The Albany Convention of 1754. 

2. The Stamp Act Congress, 1765. 

3. The First Continental Congress, 1774. 

4. The Second Continental Congress, 1775. 

A. Objects. 

B. Legal nature and powers. 

C. Achievements and results. 

5. The establishment of state governments 1775- 

1780. 

A. The first state constitutions. 

6. The Declaration of Independence. 

7. Establishment of the Confederation, 1781-1789. 

A. The Articles of Confederation. 

B. Defects of the articles. 

(1) No national executive or judi¬ 

ciary provided. 

(2) Insufficient powers conferred on 

Congress. 

(3) The national government no pow¬ 

er to deal with individuals as 
such. 


39 


40 


(4) The union created was nothing 

more than a league of states. 

(5) The Articles were practically un- 

amendable. 

8. The Annapolis Convention, 1786. 

9. The Federal Convention at Philadelphia, 1787* 

A. How called. 

B. The purpose for which called. 

C. Personnel. 

II. The framing of the Constitution. 

1. Organization of the Convention. 

2. Plans submitted. 

A. The Virginia plan. 

B. The New Jersey plan. 

3. Conflicting views of the large states and the 

small states. 

4. The compromise in regard to representation. 

5. The compromise in regard to counting the slaves 

for purposes and representation. 

6. The commerce and slave trade compromise. 

7. Other compromises. 

III. Ratification of the Constitution. 

1. Federalists and anti-federalists. 

2. The “Federalist”; its authors and its influence. 

3. Objections urged against the constitution. 

4. The contest in Massachusetts, New York, Penn¬ 

sylvania and Virginia. 

5. Action of Rhode Island and North Carolina. 

IV. Sources of the Constitution. 

V. Nature of the Constitution—written and unwritten con¬ 
stitutions compared. 

VI. Elements of strength and weakness in each. 

Re:se^arch quivSTions : See list in Garner’s Government in the 
United States, ch. IX. 


I 


CHAPTER XIL 


ORGANIZATION OR CONGRESS. 

References : 

Andrews, Manual of the Constitution, pp. 47-68. 

Ashley, American Government, ch. XXIV. 

Beard, American Government and Politics, chs. XII-XIII. 

Bryce, The American Commonwealth (abridged edition), chs. IX- 
XII. 

Garner, Government in the United States, ch. X. 

Harrison, This Country of Ours, ch. II. 

Hart, Actual Government, ch. XIII. 

Hinsdale, American Government, chs. XVII-XXIII. 

James and Sanford, Government in State and Nation, chs. XIV-XV. 
Wilson, Congressional Government, secs. 1273-1293. 

I. Organization. 

I. The bicameral principle—advantage over the un¬ 
icameral principle—experience with the Con¬ 
gress of the Confederation which was a single 
chambered body. 

II. The House of Representatives. 

1. Membership—size of the present House—prin¬ 

ciple of representation and method of appor¬ 
tionment—the district method—Gerrymander¬ 
ing—Representatives at large—delegates and 
resident commissioners. 

2. Term. 

3. Qualifications and disqualifications—power of 

each House to judge of the election and 
qualifications of its own members. 

4. Methods of nomination and election—national 

legislation regulating congressional elections. 

5. Congressional suffrage—Limitations of the Four¬ 

teenth and Fifteenth Amendments. 

6. Rights and privileges of members. 

A. Freedom from arrest. 

B. Freedom of debate. 

C. Compensation—mileage and salary legis¬ 

lation. 


41 


42 


7- Special functions of the House. 

A. Initiation of revenue bills. 

B. Prepares impeachment charges. 

III. The Senate. 

1. How constituted—principle of equality of repre¬ 

sentation among the states. 

2. Term—principle of rotation—examples of “thirty 

year” senators. 

3. Qualifications and disqualifications. 

4. Mode of election. 

A. Methods proposed in the convention. 

B. Early practices. 

C. Act of 1866 regulating the procedure of 

election by the legislature—how vacan¬ 
cies are filled. 

D. Action of the caucus. 

B. Arguments in favor of election by the 

legislatures. 

C. The movement for popular election of 

senators—the evils of deadlocks, bri¬ 
bery and interruption of legislative busi- 
iness. 

D. Attitude of the Senate toward proposed 

amendments for popular election of 
Senators. Proposed amendment of 1911. 

E. Nomination of Senators by direct pri¬ 

maries—The Oregon method. 

5. Senators as the representatives of the “special 

interests”. 

6. Claim of the legislature to instruct Senators as 

to how they shall vote on particular measures. 

7. Special functions of the Senate. 

A. Its share in the appointing power—“sena¬ 

torial courtesy”. 

B. Share in the treaty making power. 

C. Court for the trial of impeachment cases. 

D. Examples of cases of impeachment. 

IV. Relations of the Senate and House of Representatives. 
Re^sEarch que:stions : See list in Garner’s Government in the 

United States, ch. X. 


CHAPTER XIII. 

the: PROCE:dURE: of CONGRFSS—HOW LAWS ARE: ENACTED. 
References : 

/Ashley, American Government, ch. XXIII. 

Beard, American Government and Politics, ch. XIV. 

Bryce, The American Commomvealth (abridged edition), chs. XIII- 
XV. 

Garner, Government in the United States, ch. XI. 

Hart, Actual Government, ch. XIV. 

Harrison, This Country of Ours, ch: HI. 

James and Sanford, Government in State and Nation, ch. XVI. 
Reinsch, American Legislatures and Legislative Methods, ch. I. 

Illustrative Material : 

Copy of the Congressional Directory. 

Copies of the House and Senate rules. 

Precedents of the House of Representatives published as a public 
document in 1909. 

Copies of the Congressional Record. 

Specimen copies of bills and resolutions. 

Copy of the last annual message of the President. 

Copies of Committee reports. 

Copies of veto messages of the President. 

Diagrams of the House and Senate Chambers. 

I. Organization of the House and Senate. 

1. Officers and employes. 

2. Arrangement of seats. 

3. Formalities of opening a new Congress, 

4. Sessions. 

A. The long session. 

B. The short session. 

C. Extraordinary sessions. 

II. Quorum. 

1. Speaker Reed’s method of counting a quorum. 

2. Quorum when in committee of the whole. 

3. Quorum when electing the President of the 

United States. 

HI. Introduction and reference of bills. 

I. Public bills. 


43 




44 


2. Private bills. 

3. Keeping of the Journal. 

4. The Congressional Record. 

IV. Committees. 

1. Number and size—Important Committees. 

2. How appointed: (a) in the Senate, (b) in the 

House—Factors taken into consideration in 
constituting committees. 

3. Minority representation on committees. 

4. Kinds of committees. 

A. Standing committees. 

B. Select committees. 

C. Joint committees. 

D. Conference committees. 

E. Committee of the whole. 

F. Committee hearings. 

5. Powers of Committees. 

A. May recommend favorable action. 

B. May amend bills and recommend favor¬ 

able action as amended. 

C. May substitute a new bill. 

D. May recommend that a bill be rejected. 

E. May ‘‘pigeon hole” bills. 

F. Majority and minority reports. 

6. Influence of committees in determining legisla¬ 

tion. 

7. Criticism of the committee system. 

(See Bryce’s American Commonwealth, pp. 
119-122). 

V. Rules of Procedure. 

1. Necessity for—How prepared. 

2. The committee on rules—its historv—changfes of 

1910. 

3. Special orders—suspension of the rules—proced¬ 

ure by “unanimous consent”. 

4. The calendars. 

5. Regular order of business—See rules of each 

House. 

6 . Distinction between bills, joint resolutions and 

concurrent resolutions. 

7. Rules governing debate. 

A. Time allowed for debate. 

B. The previous question. 


45 


VI. The Speaker. 

1. Origin and history of the office—English and 

American Speakers compared. 

2. Powers of the Speaker. 

A. Appointment of committees prior to 1911 

and reference of bills to. 

B. Preserves order and decorum. 

C. Power of recognition. 

D. The “insurgent revolt” of 1909 and 1910 

and the amendment of the rules cur¬ 
tailing the Speaker’s power. New rules 
of 1911. 

E. Filibustering—methods of dealing with. 

F. The speaker as a party leader. 

VII. Final stages of procedure. 

1. Voting on bills—Divisions. 

2. Demand for the yeas and nays. 

3. Engrossment and enrollment. 

4. Signatures of the presiding officers. 

5. Function of conference committees. 

6. Signature of the President. 

VIII. Procedure in the Senate. 

1. Right of unlimited debate—“Senatorial” courtesy. 

2. Permanency of the rules in the Senate. 

3. President of the Senate only a moderator. 

4. ' Non-employment of the previous question in the 

Senate. 

Ri^se^arch questions: See list in Garner’s Government in the 
United States, ch. XL 


CHAPTER XIV. 

IMPORTANT POWERS OE CONGRESS. 


References : 

Andrews, Manual of the Constitution^ pp, 81-95; 104-118. 

Ashley, American Government, ch. XVII. 

Beard, American Government and Politics, chs. XVIIT XIX. 

Bryce, The American Commomvealth (abridged edition), ch. XVI. 
Cooley, Principles of Constitutional Law, ch. IV. 

Garner, Government in the United States, chs. XII-XIV. 

Harrison, This Country of Ours, pp. 58-69. 

Hart, Actual Government, chs. XXI,^XXH, XXV, XXVII. 

Hinsdale, American Government, ch. XXV. 

James and Sanford, Government in State and Nation, chs. XVII- 
XIX. 

Johnson, American Railway Transportation, ch. XXVI. 

Laughlin, Elements of Political Economy, chs. XXV, XXVH. 

I. Regulation of Commerce. 

1. The constitutional provision. 

2. Definition of Commerce. 

3. Regulation of foreign Commerce. 

A. Tonnage acts. 

B. Quarantine legislation. 

C. Immigration acts. 

D. Imported pure food legislation. 

E. Navigation laws. 

4. Regulation of interstate Commerce. 

A. Definition of interstate commerce. 

B. The right of the states to legislate con¬ 

cerning commerce, in the exercise of 
the police power. 

C. The interstate commerce act of 1887 and 

subsequent legislation. 

D. The interstate commerce commission. 

Powers and duties. 

E. Anti-trust legislation. 

E. The interstate pure food law. 

II. The Taxing Power of Congress. 

I. Constitutional provisions. 

46 


47 


2. Forms of federal taxes. 

A. Direct taxes. 

B. Indirect taxes. 

(1) Customs duties—specific and ad- 

valorem—how levied and col- 
1 e c t e d — collection districts, 
collectors, appraisers, etc. 
Amount of revenue yielded 
from customs duties. 

(2) Internal revenue taxes—articles 

taxed. Mode of assessment 
and collection — amount of 
revenue yielded. 

C. Other sources of revenue. 

(1) The corporation tax of 1909. 

(2) Sale of public lands. 

(3) Fines and penalties. 

(4) Profits on coinage. 

(5) Fees of various kinds. 

3. Growth of national expenditures. 

A. Principal items of expenditures. 

III. Power to borrow money—the national debt. 

1. Origin and source of the national debt. 

2. Amount of the national debt. 

A. The interest bearing portion. 

B. The non-interest bearing portion. 

3. Modes of borrowing. 

A. By issuing bonds—coupon versus regis¬ 

tered bonds. 

B. By issuing treasury notes. 

IV. Power to coin money—the monetary system. 

1. Coinage act of 1792 and subsequent acts. 

2. The mint and market ratios. 

3. Gresham’s law. 

4. Bimettalism. 

5. Free coinage. 

6. Gold and silver coins in circulation. 

7. The gold reserve. 

V. Power to issue paper currency. 

1. United States notes or “greenbacks”. 

2. Gold and silver certificates. 

3. Sherman treasury notes. 


48 


4- National bank currency—^the national banking 
system. 

5. Amount of money now in circulation. 

VI. The power to establish post offices and post roads: The 
postal service. 

1. The beginnings of the postal system. 

2. Growth of the service. 

3. Receipts and expenditures. 

4. Classification of mail matter—rates of postage— 

loss on second class matter. 

5. The rural free delivery service. 

6. The money order service. 

7. The postal savings bank service. 

8. Proposed parcels post service. 

9. The postal subsidy act. 

VII. The power to grant copyrights. 

1. Purpose of a copyright. 

2. Terms and conditions under which granted. 

3. International copyright. 

VIII. Power to grant patents. 

1. Nature and purpose of a patent. 

2. For what inventions granted. 

3. Terms and conditions under which granted. 

4. The patent office bureau. 

5. Number of patents annually issued. 

IX. The military power of Congress: The army. 

1. Power to declare war. 

2. Power to grant letters of marque and reprisal. 

3. Power to raise and support armies. 

A. Present strength of the army. 

B. Organization of the army—the general 

staff. 

C. Cost of maintaining the army. 

4. Power to provide for calling forth the militia and 

for governing and disciplining it. 

A. The composition of the militia. 

B. The national guard. 

C. The militia act of 1903. 

D. The naval militia. 

X. Power to provide and maintain a navy. 

1. Origin of the navy. 

2. Beginning of the new navy, 1883. 

3. Present strength of the navy. 


49 


4- Organization and administration. 

5. The merchant marine—proposed subsidies for. 
XL Power to pass bankruptcy acts. 

1. Definition of bankruptcy—purpose of a bankrupt 

law. 

2. Power of the states to pass insolvent laws. 

3. Early federal legislation. 

4. Provisions of the present law, that of 1898. 

XII. Implied Powers. 

1. Nature of. 

2. Examples of. 

3. Early constitutional controversy in regard to. 
Resi^arch que:stion's : See list in Garner’s Government in the 

United States, chs. XII-XIV. 


CHAPTER XV. 

THE PRESIDENT-method OE ELECTION. 


References : 

Andrews, Manual of the Constitution, pp. 166-177. 

Ashley, American Government, ch. XXV. 

Beard, American Government and Politics, ch. IX. 

Bryce, The American Commonzvealth (abridged edition), chs. IV, 
VII. 

Garner, Government in the United States, chs. XV-XVI. 

Harrison, This Count 7 'y of Ours, chs. IV-V. 

Hart, Actual Government, pp. 261-267, 

Hinsdale, American Government, chs. XXIX-XXXI. 

James and Sanford, Government in State and Nation, ch. XXHI. 
Woodburn, The American Republic, pp. 116-136. 

Ieeustrative Material: 

Congressional Directory. May be obtained from members of Con¬ 
gress. 

Copy of the call for a national convention. 

Addresses of the temporary and permanent Chairman of the last 
national convention. 

Copies of the Democratic and Republican Campaign text-books. 
Copy of the election returns. 

Specimen copies of ballots containing the names of candidates for 
presidential electors. 

Qualification.s and disqualifications. 

The presidential term—the third term precedent. 
Constitutional provisions regarding the election of Presi¬ 
dent and Vice-President. 

Electoral plans proposed in the Convention of 1787. 
Constitution of the electoral college. 

Early methods of appointing electors. 

The present method—objections to choice by the state at 
large—variance between the electoral and popular 
vote—‘‘minority” Presidents. 

Procedure of voting by the electors—change made by 
the T2th Amendment—election of 1801. 

Transmission of the returns to Washington. 

Formalities of opening and counting the electoral vote 
at Washington. 


I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 


VIII. 

IX. 

X. 


50 


51 


1. Views as to who shall count in case of disputed 

returns. 

2. The election of 1876. 

3. The electoral count law of 1887. 

XI. Objections to the existing method of choosing the Presi¬ 
dent—Failure of the electoral scheme. 

I. Changes suggested. 

XII. Election by the House—elections of 1801 and 1824— 
criticism of the method of election by the House. 
XHI. Election of the Vice-President by the Senate—election of 
1837 - 

Succession to the presidency. 

1. Law of 1792—objections to. 

2. Law of 1886. 

3. No provision for the succession in case of the 

death of the President elect. 

XIV. Nomination of the President. 

1. Early methods. 

2. Nomination by Congressional caucus. 

3. The rise of the national convention. 

4. Constitution of a national convention—Demo¬ 

cratic and Republican practices compared. 

5. Methods of choosing delegates—Democratic and 

Republican practices compared. 

6. Organization and Procedure of a National Con¬ 

vention—Democratic and Republican prac¬ 
tices compared. 

A. Reading the call. 

B. Election of temporary and permanent 

Chairmen. 

C. Appointment of committees on creden¬ 

tials, resolutions, organization and rules. 

D. Preparation of the platform. 

E. Making the nomination—Democratic and 

Republican practices compared — the 
“unit rule”—the “two-thirds” rule. 

F. “Dark horses”—“favorite sons”. 

G. Notification of the nominees—^letters of 

acceptance. 

XV. Management of a Presidential Campaign. 

1. The national committee—how constituted—Pow¬ 

ers. 

2. The national chairman. 


52 


3- The vSecretary and treasurer. 

4. Headquarters of the national committee. 

5. Bureaus and divisions. 

6. Methods of influencing the voters. 

A. Distribution of campaign literature—the 

campaign text-book. 

B. Assignment of speakers. 

C. Organization of party clubs. 

D. “Polling” the voters before the election. 

7. Campaign expenditures. 

A. Purposes for which campaign funds are 

raised. 

B. Early methods of raising campaign funds 

—prohibition of assessments on federal 
employes by the Civil Service Law of 
1883. 

C. Extraordinary growth of campaign funds 

—The Campaign of 1896. 

D. Contributions by corporations; objections 

to. 

E. Movement to secure publicity of campaign 

contributions. 

(1) Publication of names of contribu¬ 

tors and the amounts contrib¬ 
uted in 1908. 

(2) Acts of Congress of 1907, 1910 

and 1911. 

Research questions : See list in Garner’s Government in the 
United States, chs. XV-XVI. 


CHAPTER XV'L 

the; president (continued) : inauguration, powers, duties 

AND PRIVILEGES. 

References : 

Andrews, Manual of the Constitution, pp. 180-201. 

Ashley, American Government, pp. 331-335. 

Beard, American Government and Politics, ch. X. 

Bryce, The American Commonwealth (abridged edition), ch. V. 
Fairlie, Natiortal Administration, chs. I-II. 

Garner, Government in the United States, ch. XVI. 

Harrison, This Country of Ours, ch. VI. 

Hinsdale, American Government, ch. XXXII. 

James and Sanford, Government in State and Nation, ch. XXIV. 

Ielustrative Material : 

Copy of the inaugural address of the President. 

Copy of the annual message of the President. 

Copies of the executive orders and proclamations 
Copies of veto messages. 

1 . Organization of the Presidency—compare with the or¬ 
ganization of the state executive—single versus plural 
executives. 

II. The inauguration—the procession, oath of office, inau¬ 
gural address, review of the parade, ball, etc. 

III. Compensation of the President—Constitutional provision 

relating to—the official residence of the executive. 

IV. Constitutional Powers and Duties. 

1. In regard to foreign affairs. 

A. Appointment and reception of diplomatic 

representatives. 

B. Negotiation of treaties. 

2. In regard to legislation. 

A. To give Congress information concerning 

the state of the Union. 

B. To recommend legislation—annual and 

special messages. 

C. To call extraordinary sessions of Con¬ 
gress. 

To adjourn the two Houses when they 

53 


D. 



54 


cannot agree upon a time of adjourn¬ 
ment. 

E. The Veto Power. 

(1) Its nature and purpose. 

(2) Absolute versus qualified veto. 

(3) The “pocket” veto. 

(4) Early instances in which the veto 

power was exercised. 

(5) No power to veto items in ap¬ 

propriation bills. 

(6) Examples of important vetoes. 

(7) Its exercise by President Cleve¬ 

land. 

(8) How the veto may be over-ridden 

by Congress—Important ex¬ 
amples of. 

F. The ordinance power, such as consular, 

civil service and postal regulations, in¬ 
ternal revenue and customs regulations, 
etc. 

(1) Those issued in pursuance of the 

authority of Congress. 

(2) Those issued as a result of the 

general power of the Presi¬ 
dent to execute the laws. 

3. Military Powers. 

1. As commander in chief of the army, the 

navy, and the militia, when called into 
the service of the United States 

2. Power to bring about a situation which 

makes a declaration of war a necessity. 

3. Power to call out the militia—Act of 1795. 

4. Power to proclaim blockades, confiscate 

enemy property, issue rules regarding 
captures, trade with the enemy, search¬ 
ing of neutral vessels, etc. 

5. Power to suspend the writ of habeas cor¬ 

pus and declare martial law. 

6 . Power to hold and govern occupied enemy 

territory. 

7. Power to suppress domestic violence: (a) 

upon the application of the state au¬ 
thorities; (b) without such application 


55 


whenever the movement of the mails or 
of interstate commerce is interfered 
with or the processes of the federal 
courts are disregarded. 

4. Power to pardon offences against the laws of the 

United States. 

A. Nature and extent of the pardoning power. 

No limitations as in case of the state 
executives (except in cases of impeach¬ 
ment). 

B. Amnesties. 

C. Act of 1910 relating to release of federal 

prisoners on parole. 

D. Effect of a pardon. 

5. Power to execute the laws. 

A. Means at his disposal—the army, navy, 

militia, marshals and federal courts. 

B. Power of Appointment—Share of the 

Senate—“senatorial courtesy” — Extent 
of the power of appointment—Recom¬ 
mendations of Senators and representa¬ 
tives. 

6. Power of removal and direction. 

A. No constitutional provisions relating to 

removal. 

B. View that the consent of the Senate is 

unnecessary—Tenure of Office Act of 
1867 and its repeal in 1887. 

C. Power of direction as a result of the 

power of removal. 

D. Limitations on the power of direction as 

in the case of the Secretary of the 
T reasury. 

The civil service. 

A. Introduction of the spoils system. 

B. Revolt against, 1868-1873. 

C. Early efforts to reform the civil service. 

D. The Act of 1883 ^^id the subsequent extension 

of the rules. 

E. The present status of the civil service system. 

E. How civil service appointees may be removed. 


5 ^ 


G. The movement to provide pensions for superan¬ 
nuated civil servants. 

VI. Immunity of the President from judicial control. 

A. He is not subject to process or judicial restraint. 

B. He is not subject to arrest. 

C. Pie can be removed only upon impeachment and 

conviction. 

D. Reasons for the immunity. 

Re^se^arch questions: See list in Garner, Government in the 
United States, ch. XVI. 


CHAPTER XVIL 


tpie: cabinet and the executive departments. 
References : 

Andrews, Manual of the Constitution, pp. 327-352. 

Beard, American Government and Politics, ch. XL 
Bryce, The American Commonwealth (abridged edition), ch. VIII. 
Fairlie, National Administration of the United States, ch. IV. 
Garner, Government in the United States, ch. XVII. 

Harrison, This Country of Ours, chs. XI-XVIII. 

James and Sanford, Government in State and Nation, ch. XXV. 

Illustrative Material: 

' The Congressional Directory. 

Annual reports of the heads of departments and other officials like 
the commissioner of pensions, the commissioner of the general 
land office, the commissioner-general of immigration, the Civil 
Service commission, the interstate commerce commission, etc. 
These may be obtained gratis from the heads of departments or 
other officials mentioned. 

I. The Cabinet. 

1. Its origin and growth. 

2. Its extra-legal status. 

3. Its composition. 

4. Its functions. 

5. Its relation to the President. 

II. The Department of State. 

1. Its origin and history. 

2. Its organization and duties. 

A. The diplomatic bureau—the diplomatic 

service. 

B. The consular bureau—the consular serv¬ 

ice. 

C. The bureau of citizensliip. 

D. The bureau of accounts. 

E. The bureau of rolls and library. 

F. The bureau of appointments. 

G. The bureau of trade relations. 

IT. The bureau of indexes and archives. 

III. The Department of the Treasury: 

I. Origin and history. 

57 


58 


2 . 

Organization and duties. 


A. 

The customs service. 


B. 

The internal revenue service. 


C. 

The treasurer. 


D. 

The register of the treasury. 


E. 

The comptroller of the treasury. 


F. 

The auditors. 


G. 

The director of the mint. 


H. 

The comptroller of the currency. 

' 

I. 

The public health and marine hospital serv 



ice. 


J. 

The life saving service. 


K. 

The supervising architect. 


L. 

The bureau of engraving and printing. 


M. 

The revenue cutter service. 


N. 

The secret service. 

The War Department. 

I. 

Duties of the Secretary. 

2 . 

Organization. 


A. 

The general staff. 


B. 

The military secretary. 


C. 

The inspector general. 


D. 

The commissary-general of subsistence. 


E. 

The surgeon-general. 


F. 

The paymaster-general. 


G. 

The chief of ordinance. 

H. 

The ( 

chief of engineers. 


1. The bureau of insular afifairs. 


V. The Department of Justice. 

I. Organization and duties. 

A. The attorney-general. 

B. The solicitor-general. 

C. The assistant attorneys-general. 

D. The solicitors. 

E. Special assistants. 

VI. The Navy Department. 

1. Origin and history. 

2. Organization and duties. 

A. Bureau of navigation. 

B. Bureau of yards and docks. 

C. Bureau of equipment. 

D. Bureau of ordinance. 

E. Bureau of construction and repair. 


59 


VIL 


VIIL 


i 


IX. 


X. 


F. Bureau of steam engineering. 

G. Bureau of medicine and surgery. 

H. The Naval Academy and the Naval War 

College. 

The Post-office Department. 

1. Origin and history. 

2. Organization. 

A. The postmaster-general. 

B. The assistant postmaster-general. 

The Department of the Interior. 

I. Organization and duties. 

Ar^'The general land office—^the public do¬ 
main, origin and administration. 

. -BT-~"T'he commissioner of Indian affairs—ad¬ 
ministration of Indian affairs. 

C. The bureau of pensions—the pension sys¬ 

tem and its administration. 

^'IX^'The bureau of education. 

Kr--^he geological survey. 

reclamation service. 

G. .The bureau of patents. 

H. The bureau of mines. 

The Department of Agriculture. 

1. The weather bureau—organization and functions. 

2. The bureau of animal industry. 

3. -The bureau of plant industry. 

4. The bureau of forestry. 

5. The bureau of chemistry. 

6. The bureau of soils. 

7. The bureau of statistics. 

8 . The bureau of entomology. 

9. The bureau of biological survey. 

10. The office of experiment stations. 

The Department of Commerce and Labor. 

1. The bureau of labor. 

2. The bureau of the census-history and scope of 

the census. 

3. The bureau of statistics. 

4. The bureau of navigation. 

5. The steam-boat inspection service. 

6. The bureau of fisheries. 

7. The bureau of immigration and naturalization. 

8. The lighthouse service. 




6o 


9. The bureau of weights and measures. 

10. The coast and geodetic survey. 

11. The bureau of corporations. 

12. The bureau of manufactures. 

Ri:sEarch questions : See list in Garner’s Government of the 
United States, ch. XVII. 




CHAPTER XVIIL 
the; fe:de:ral judiciary. 

References : 

Andrews, Manual of the Constitution, pp. 201-223. 

Baldwin, The American Judiciary, ch. IX. 

Beard, American Government and Politics, ch. XV. 

Bryce, The American Commonwealth (abridged edition), chs. XXI- 
XXII. 

Garner, Government in the United States, ch. XVIIL 
Harrison, This Country of Ours, chs. XX-XXI. 

Hart, Actual Government, ch. XVII. 

James and Sanford, Government in State and Nation, ch. XXVI. 
Ileustrative Materiae : 

Copy of the Congressional Directory, containing a list of the federal 
judges and the judicial districts. 

Pamphlet copies of decisions of the Supreme Court. These may be 
obtained from the Clerk of the Supreme Court at Washington. 

I. Lack of a national judiciary during the period of the 
Confederation. 

11 . Jurisdiction of the federal courts determined (i) by the 
parties; (2) by the nature of the subject matter in 
dispute. 

1. Cases arising under the Constitution, federal laws 

and treaties. 

2. Cases affecting diplomatic and consular represen¬ 

tatives. 

3. Admiralty and maritime cases. 

4. Controversies between states. 

5. Controversies to which the United States is a 

party. 

6. Controversies between a state and citizens of 

another state. 

A. The case of Chisholm v. Georgia. 

B. The principle of the Eleventh Amendment. 

C. Suits against state officers. 

7. Controversies between citizens of different states. 

8. Controversies between citizens of the same state 

claiming lands under grants of different states. 

9. Controversies between a state and foreign states 

or citizens. 


61 


62 


10. Controversies between citizens of the United 

States and foreign citizens. 

11. Reasons for giving the federal courts jurisdiction 

of the above mentioned controversies. 

12. Appeals from the decisions of state courts, to the 

federal courts—circumstances under which al¬ 
lowed. 

III. Organization of the federal judiciary—grades of federal 
courts. 

1. The district courts. 

A. Organization. 

B. Jurisdiction. 

C. Number and arrangement of districts. 

D. Terms and places of meeting. 

E. Court officials—marshals, clerks and re¬ 

porters. 

2. The circuit courts (abolished in 1911). 

A. Organization. 

B. Jurisdiction. 

C. Arrangement of circuits. 

3. The circuit courts of appeal. 

A. By whom held. 

4. The Supreme Court. 

A. History. 

B. Constitution. 

C. Jurisdiction. 

(1) Original. 

(2) Appellate. 

D. Influence. 

IV. Special courts of the United States. 

1. The court of claims. 

2. The customs court. 

3. The court of commerce. 

4. The court of general appraisers. 

5. The courts of the District of Columbia. . 

6. The United States court for China. 

7. Territorial courts. 

V. Administrative jurisdiction of such officials as the Com¬ 
missioner-general of Immigration, the Commissioner 
of Patents, the Commissioner of the General Land 
Office and of such bodies as the interstate Commerce 
Commission. 

VI. Mode of appointment of federal judges. 



63 


1. Advantage over the mode of popular election. 

2. Mode of removal—impeachment. 

VII. The term of federal judges. 

VIII. The need of an independent judiciary—how best secured. 

IX. Compensation of federal judges—constitutional provision. 

X. Power of the Courts to declare Acts of Congress uncon¬ 
stitutional. 

1. Case of Marbury v. Madison. 

2. History of the practice. 

3. Important Acts of Congress declared unconstitu¬ 

tional—State laws declared unconstitutional. 
XL Constitutional protection against arbitrary methods on 
the part of the federal courts—see the IV, V, VI, 
VII and VIII Amendments—Safeguards against un¬ 
warranted convictions for treason—see the Constitu¬ 
tion Act. Ill Sec. III. 

Rks^arch questions : See list in Garner’s Government in the 
United States, ch. XVIII. 


CHAPTER XIX. 

government oe the territories and dependencies. 
References : 

Beard, American Government and Politics, ch, XXL 

Bryce, The American Commonwealth (abridged edition), ch. XLVL 

Garner, Government in the United States, ch. XIX. 

Hart, Actual Government, ch. XX. 

Willoughby, Territories and Dependencies of the United States, chs. 
Ill, IV, VI. 


1. Power of Congress over the territories. 

1. General or residuary in character rather than enu¬ 

merated. 

2. Doctrine that the Constitution does not extend 

ex proprio vigore in the territories—the in¬ 
sular cases. 

3. Power to acquire foreign territory. 

II. Origin of the territorial domain. 

1. The northwest territory—system of government 

provided by the ordinance of 1787—influence 
on later territorial policy. 

A. First grade government. 

B. Second grade government. 

2. The Southwest territory. 

3. Florida and Louisiana. 

III. Government of the organized territories. 

1. Mexico and Arizona. 

2. Hawaii. 

3. Governmental organization. 

A. The governor. 

B. The secretary. 

C. The treasurer. 

D. Other officers. 

E. The legislature — constitution, organiza¬ 

tion, made of election, powers, etc. 

F. The judiciary. 

G. Territorial suffrage. 

H. Delegates in Congress. 

IV. Government of the Unorganized Territories. 

64 


65 


\ 


1. Alaska. 

2. Samoan Islands. 

3. Panama Canal Zone. 

4. District of Columbia. 

V. Government of Porto Rico. 

1. Area and population. 

2. The organic act (The "‘Foraker Act”). 

3. Transition from military to civil government. 

4. The governor and heads of departments. 

5. The executive council. 

6. The legislative assembly—conflicts between the 

council and assembly. 

7. The suffrage. 

8. The judicial system. 

9. The legal system. 

10. Resident Commissioner at Washington. 

11. The citizenship question. 

VI. Government of the Phillippines. 

1. Area and population. 

2. Ethnic and geographic factors. 

3. Military government of the Islands. 

A. The Schurman Commission. 

B. The Taft Commission. 

4. The Organic Act of 1902. 

5. The transition from military to civil government. 

6. The Philippine Commission. 

7. The assembly. 

8. The suffrage. 

9. Two resident commissioners at Washington. 

10. Provincial and Municipal Government. 

11. Political parties in the Islands. 

12. The question of trade relations with the United 

States. 

13. The construction of railroads and the extension 

of educational facilities. 

Research questions : See list in Garner’s Government in the 
United States, ch. XIX. 



CHAPTER XX. 

citizi:nship. 


References : 

Ashley, The American Federal State, ch, XXIX; also pp. 212-217. 

Beard, American Government and Politics, pp. 160-163. 

Fuller, Government by the People, ch. II. 

Garner, Introduction to Political Science, ch. XI. 

Garner, Government in the United States, ch. XX. 

Hart, Actual Government, chs. II-IV. 

Hinsdale, The American Government, ch. LIV. 

I. Who are citizens of the United States. See the XIV 
Amendment to the federal Constitutional. 

I. Terms “citizen” and “voter" not identical. 

II. How citizenship is acquired. 

1. By birth in the United States. 

2. By marriage. 

3. By naturalization. 

See the Citizenship Law of 1907. 

III. Citizenship by naturalization. 

1. Who may be naturalized—conditions and restric¬ 

tions—residence and educational requirements 
—excluded persons and classes. 

2. What courts may naturalize. 

3. Declaration of intention. 

4. Granting of the certificate. 

See the Naturali.zation Law of 1906. 

IV. Loss of Citizenship. 

1. By marriage to an alien (applies only to women). 

2. By naturalization in a foreign country—the right 

of expatriation—^presumption of the law—case 
of long residence abroad. 

3. By acceptance of a commission in the service of / 

a foreign government—see the naturalization 
law of 1909 and the citizenship law of 1907. 

V. Federal versus state citizenship. 

1. Existence of a dual citizenship in federal states. 

2. Federal and state citizenship not necessarily iden¬ 

tical. 


66 


6 ; 


3- Citizenship in the territories. 

4. In Porto Rico and the Philippines. 

5. Interstate rights and immunities of citizens. 

6. Constitutional prohibition on the right of the states 

to abridge the privileges and immunities of 
citizens of the United States. 

VI. Rights of Citizens. 

I. Protection—limitations and restrictions—no dis¬ 
tinction between native born and naturalized 
citizens as regards the right of protection. 

VII. Obligations and Duties of Citizens. 

1. Obedience and allegiance. 

2. Performance of public duties such as payment of 

taxes, service in the militia, etc. 

3. Participation in the choice of public officials. 

VIII. Rights of Aliens. 

I. Protection of the government and the enjoyment 
of equal ciznl rights generally. 

IX. Obligation and duties of aliens. 

1. Obedience and temporary allegiance. 

2. Service in the posse comniitatus and militia though 

not in the regular army. 

X. Disabilities of aliens. 

1. Formerly numerous. 

2. Excluded from owning land in the territories and 

in a few states. 

3. Excluded from laboring on public works in some 

states. 

4. Excluded from voting and holding office in most 

states—exception in eleven states where aliens 
who have declared their intention of becoming 
citizens are allowed to vote. 

Re:se:arch questions : See list in Garner’s Government in the 
United States, ch. XX. 


CHAPTER XXL 

the: governME:NT of ILLINOIS. 


References : 

Blue Book of Illinois. 

Dickerson, The Proposed Constitution of 1862. 

Edwards, History of Illinois. 

Ford, History of Illinois. 

Greene, Government of Illinois. 

Illinois Municipal Code. 

Mason, Chapters from Illinois History. 

Moore, History of Cumulative Voting in Illinois. 

Moses, Illinois, Historical and Statistical. 

Publications of the Illinois Historical Library. 

Revised Statutes of Illinois. 

Starr and Curtis, Annotated Statutes of Illinois. 

I. Review of the Period of French Rule, 1673-1675. 

II. The British Dominion, 1765-1783. 

III. Illinois as a part of the Northwest Territory, 1784-1809. 

IV. The territorial period 1809-1818. 

V. Admission to the Union as a state. 

1. The constitution of 1818. 

2. The slavery question. 

3. Financial experiments. 

4. Internal improvements. 

5. Education. 

VI. The Constitution of 1848. 

1. Sectional controversies. 

2. Railroad development. 

VII. The proposed constitution of 1862. 

VIII. The Constitution of 1870—mode of amendment. 

1. The executive department. 

A. The governor and principal state officers, 
boards and commissions. 

2. The legislature—Senate and House of Represen¬ 

tatives. 

3. The system of minority representation. 

4. Suffrage and elections—the “primary” movement. 

5. The judicial system. 

A. The supreme court. 

68 


69 


IX. 


X. 


XL 


XIL 


B. The appellate courts. 

C. The circuit courts. 

D. The county courts. 

E. Probate courts. 

F. Justices of the Peace. 

Local Government. 

1. County government. 

2. Town government. 

3. City government. 

4. Minor local governments. 

Financial Administration. 

1. Sources of state taxes. 

A. Mode of assessment—boards of review- 
state board of equalization. 

2. State expenditures. 

3. The state debt—constitutional restrictions. 

The public institutions of the state. 

1. Educational. 

2. Penal and reformatory. 

3. Charitable. 

Public education. 

1. Early policy. 

2. The school funds. 

3. Local school administration. 

4. The State University and Normal Schools. 













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